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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of diversity, equity, and inclusion |
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initiatives by providers of electric service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Utilities Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. PROHIBITION ON CERTAIN DIVERSITY, EQUITY, AND |
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INCLUSION INITIATIVES |
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Sec. 31.101. DEFINITIONS. In this subchapter: |
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(1) "Diversity, equity, and inclusion office" means an |
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office, division, or other unit of an electric utility, municipally |
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owned utility, or retail electric provider established for the |
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purpose of: |
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(A) influencing hiring or employment practices |
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at the utility or provider with respect to race, sex, color, or |
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ethnicity, other than through the use of color-blind, race-neutral, |
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and sex-neutral hiring processes in accordance with any applicable |
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state and federal antidiscrimination laws; |
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(B) promoting differential treatment or |
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providing special benefits to individuals on the basis of race, |
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sex, color, or ethnicity; |
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(C) promoting policies or procedures designed or |
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implemented in reference to race, sex, color, or ethnicity, other |
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than policies or procedures: |
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(i) approved in writing by the attorney |
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general; and |
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(ii) implemented for the sole purpose of |
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ensuring compliance with any applicable court order or federal law; |
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or |
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(D) conducting trainings, programs, or |
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activities designed or implemented in reference to race, sex, |
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color, ethnicity, gender identity, or sexual orientation, other |
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than trainings, programs, or activities: |
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(i) developed by an attorney; |
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(ii) approved in writing by the attorney |
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general; and |
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(iii) conducted for the sole purpose of |
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ensuring compliance with any applicable court order or state or |
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federal law. |
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(2) "Electric utility" includes an electric |
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cooperative. |
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Sec. 31.102. RESPONSIBILITY OF ELECTRIC UTILITY, |
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MUNICIPALLY OWNED UTILITY, OR RETAIL ELECTRIC PROVIDER REGARDING |
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DIVERSITY, EQUITY, AND INCLUSION INITIATIVES. An electric utility, |
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municipally owned utility, or retail electric provider shall ensure |
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that each unit of the utility or provider does not, except as |
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required by federal law: |
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(1) establish or maintain a diversity, equity, and |
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inclusion office; or |
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(2) hire or assign an employee of the utility or |
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provider or contract with a third party to perform the duties of a |
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diversity, equity, and inclusion office. |
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Sec. 31.103. COMPLAINT; ENFORCEMENT. (a) A person who has a |
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reasonable belief that an electric utility, municipally owned |
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utility, or retail electric provider is violating this subchapter |
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may file a complaint with the attorney general. |
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(b) If the attorney general determines that an electric |
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utility or retail electric provider named in a complaint received |
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under Subsection (a) is violating this subchapter, the attorney |
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general may bring an action to enjoin or require compliance with |
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this subchapter under Section 15.021. |
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(c) If the attorney general determines that a municipally |
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owned utility named in a complaint received under Subsection (a) is |
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violating this subchapter, the attorney general may file a petition |
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for a writ of mandamus to compel the municipally owned utility to |
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comply with this subchapter. |
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(d) A mandamus action under Subsection (c) must be filed in |
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the county in which the municipally owned utility is located. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |